Alexandrian Constitution of 2014
The Constitution of the Empire of the Alexandrians 2014
Preamble
We, Edgard II, by the Grace of God, Emperor of all Alexandrians, Perpetual Defender of the People of Alexandria, Emperor of San Martin, King of Santander, Leifgrad-Baden, and Ibelin, Duke of Anglien, Gettinsburg, and New Acadia, Marquis of Nubinar, Count of Saransburg, and Baron of Reistag, Grand-Officer of the Ordre de la Grenade, and Grand Eagle of the Legion of Honour, and Sovereign of the Orders granted by the Empire, etc., have called upon the people to convene and create a new governing document for the Empire in order to firmly establish national unity and ensure a just and humane society that promotes the common good while respecting the proud heritage and traditions of the Alexandrian nation. And We do hereby ordain and promulgate this Constitution.
Article I: Rights and Liberties of the People
Section 1. Freedom of Movement and Speech The people possess all rights and freedoms regardless of race, colour, gender, language, religion, political affiliation or other opinion, national or social origin, property, birth, education, social status or other characteristics. These freedoms include the freedoms of Movement, and Speech, as well as all others in accordance with a modern, free, democratic nation, which shall only be abridged through the due process of the Courts on account of criminal behaviour.
Section 2. Freedom of Press The Freedom of the Press is guaranteed. Citizens are free to report the news without interference or distortion from the state. Harassment of independent journalists shall be strictly prohibited.
Section 3. Freedom of Information Freedom of Information is guaranteed. Any documents in possession of His Imperial Majesty's Government shall be made known to the public except those directly linked to the national security and stability of the Empire as determined by the First Consul.
Section 4. Freedom of Religion The Empire of the Alexandrians guarantees Freedom of Religion. No person shall, for reason of creed or descent, be deprived of access to, or complete enjoyment of their civic and political rights, nor shall they for such reasons evade compliance with any common civic duty, as determined by law.
Section 5. Basic Civil Protections (a) No person in the Empire shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied equal protection under the law.
(b) All persons in the Empire have the right to be secure in their persons, houses, papers and personal belongings against unreasonable searches and seizures. Search warrants shall only be issued based upon probable cause, describing the place to be searched and persons or things to be seized, and issued by a competent court of the Empire.
(c ) Nobody in the Empire can be punished except according to a law come into force before the deed was committed. Ex-post facto laws and bills of attainder in all contexts are hereby strictly prohibited.
Section 6. Freedom of Political Choices Every citizen of the Empire is free to make political choices, which includes the right to form a political party or register as an independent; to participate in the activities of, or recruit members for, a political party; and to campaign for a political party or cause; provided that such political party or association shall not advocate the armed overthrow of the established government.
Section 7. Equality of Citizens and Aliens before the Courts All citizens and aliens shall have equal protection before the courts, government bodies, and other bodies vested with public powers.
Article II: The Empire
Section 1. State Powers (a) The executive of the power of the Empire is vested in the Emperor and His Imperial Government.
(b) The legislative power is jointly vested in the Emperor and the Imperial Assembly.
(c ) The judicial power is vested in the High Court of Justice and any other courts that the Imperial Assembly may establish by law.
(d) The scope of state power shall be limited by the Constitution.
(e) State powers belong to the national entities for the following subject matters: 1.) state defense, 2.) foreign relations, 3.) economic regulations, 4.) infrastructure and traffic, 5.) taxation, 6.) solidarity systems, 7.) private, criminal, and procedural law, 8.) educational and other standards, 9.) the promotion of public health, 10.) and all other subject matters which by their very nature or as a corollary to the subjects listed have to be centralized on the national level.
(f) State powers not assigned to the national entities belong to the Provinces.
(g) In order to promote good governance and effective provision of services, the entities invested with state power in a certain field may agree to share, delegate or coordinate their exercise of such powers to or with other entities of government, either on the same level or on a different level. National law shall make regulations as to the conclusion and codification of such agreements.
(h) Imperial national laws take precedence over provincial and local laws.
Section 2. State Form, Organisation (a) Alexandria constitutes itself into a social and democratic state of law which advocates liberty, justice, equality, and political pluralism as the superior values of its legal order.
(b) National sovereignty belongs to the Alexandrian people from whom emanate the powers of the state.
(c ) The political form of the Empire of the Alexandrians is the parliamentary Monarchy.
(d) The Crown and its Imperial Powers are inherited by men and women in accordance with the provisions of the Portela Family Pact, written, ratified and published by the Emperor and the Imperial Family.
(e) The official capital and seat of government of the Empire is the city of Geneva in the province of Baudrix, and has the title of Imperial City. It is directly governed by the Emperor or by an institution created by the Emperor to govern it.
(f) The seat of the Government may be temporarily moved for serious reasons, by Imperial Will, and for no more than one year.
Section 3. State Composition. (a) The Empire of the Alexandrians is composed of the Homeland, made up of Provinces, and the Overseas Territories, made up of overseas territories and dependencies.
(b) New Provinces may be admitted by the Imperial Assembly into the Empire; but no new Provinces shall be formed or erected within the jurisdiction of any other Province; nor any Province be formed by the junction of two or more Provinces, or parts of Provinces, without the consent of the governed of the Provinces concerned as well as of the Imperial Assembly.
(c ) The territorial organization of the Empire shall be prescribed by law.
Article III: The Emperor
Section 1. Conduction of Government, Titles, Reign in Other Countries (a) The Emperor conducts His Government for the common good; for the protection, safety, prosperity and happiness of His people; and not for the profit, honour, or private interest of any one person, family or class of people among His subjects. Therefore, in making the laws for this nation, regard shall be had to the protection, interests and welfare not only of the Emperor and Rulers, but of all the people alike.
(b) The Emperor shall be the Supreme Executive Magistrate of the Empire and shall have, among others, the title of the Emperor of all the Alexandrians and Perpetual Defender of the People of Alexandria.
(c ) The Empire is the dominion and property of the Emperor.
(d) The Emperor shall not reign in other countries except with the consent of the Imperial Assembly.
Section 2. Crown confined to the House of Portela and Designated Successors (a) The crown is hereby permanently confined to His Imperial Majesty Edgard II, until his death or wilful abdication, and to His successors.
(b) The successor shall be the person whom the Emperor shall appoint and publicly proclaim as such through the Portela Family Pact, during the Emperor’s life.
(c ) Should there be no such appointment and proclamation, then the successor shall be chosen by the Consulate, with the consent of the Imperial Assembly.
(d) The Emperor may, should he be nearing a prolonged absence, appoint a Regent who shall exercise those powers and prerogatives incumbent to the throne, and whose powers terminate upon His Imperial Majesty's return.
(e) Should the Emperor be absent for fourteen (14) consecutive days without having officially appointed a Regent, the Imperial Prerogatives shall be exercised by a Regent selected in accordance with a Regency Act enacted for that purpose by the Imperial Assembly. Where no Regency Act shall be governing by the fifteenth consecutive day of His Imperial Majesty's absence, the Imperial Assembly shall immediately convene, and whosoever shall be Speaker of the Imperial Assembly at the time shall immediately exercise the Imperial Prerogatives as Lord Protector, and resign the office of Speaker, after taking the required oath in open session.
(f) No amendments or annulations may be made to this Constitution during a Regency.
(g) Any Regent, whether appointed by the Emperor, or by another legal process, shall not receive the Imperial Immunity from the law that is incumbent to the Crown and shall be answerable to the people for his actions.
Section 3. Limitations to the Succession No person shall ever sit upon the throne who has been convicted of any infamous crime, or who is insane, or otherwise declared unfit to rule. The Imperial Assembly, with the Consent of the Emperor, shall enact legislation to determine a fair process of declaring a person to be legally insane or unfit to rule.
Section 4. Sworn on the Constitution The Emperor, prior to his accession to the Throne, as well as upon enactment of this Constitution; as well as a Regent, or Lord Protector, prior to the exercise of the Imperial Prerogatives, shall make a solemn Declaration in writing before the open session of the Imperial Assembly that he will faithfully adhere to the Constitution. Two identical originals of the Declaration shall be executed, one of which shall be handed over to the Imperial Assembly to be preserved in its archives, and the other shall be filed in the Public Records. Where the Emperor, owing to his absence or for other reasons, is unable to sign the aforesaid Declaration immediately upon his accession to the Throne, or upon enactment of this Constitution, the government shall, unless otherwise provided by Statute, be conducted by the First Consul until such Declaration has been signed.
Section 5. Prerogatives of the Emperor (a) The Emperor shall have the following prerogatives, so long as he shall reign, which are to be exercised only for the Greater Good of the Empire, according to the advice, of the Consulate.
(b) Supreme Authority - Subject to the limitations laid down in this Constitution, the Emperor shall have the supreme authority in all the affairs of the Realm, and he shall exercise such supreme authority through the Consuls.
(c ) Responsibility of Consuls- The Emperor shall not be answerable for his actions; his person shall be sacrosanct. The Consuls shall be responsible for the conduct of the government; their responsibility shall be determined by law. To the Emperor belongs the Executive power. All laws that have passed the Imperial Assembly, for their validity, shall be signed by His Imperial Majesty.
(d) Appointing Consuls- The Emperor shall appoint and dismiss the Consuls. He shall decide upon the number of Consuls and upon the distribution of the duties of government among them. The signature of the Emperor to resolutions relating to legislation and government shall make such resolutions valid, provided that the signature of the Emperor is accompanied by the signature or signatures of one or more Ministers. A Minister who has signed a resolution shall be responsible for the resolution.
(e) Convoking and dissolving the Imperial Assembly - The Emperor shall convoke and dissolve the Imperial Assembly and call elections under the terms provided for in the Constitution.
(f) Referenda and Plebiscite- The Emperor may convoke a Referendum or Plebiscite on the advice of the Consulate or the Imperial Assembly.
(g) State of Emergency - When the national interest shall require, the Emperor may, by public proclamation, declare a state of emergency, thereby assuming supreme legislative power, adjourning the Imperial Assembly, and declaring its convocation within seven days. In such situations, the rights of His Imperial Majesty's subjects, as defined by this Constitution, shall remain forever inviolable and protected. Upon its convocation, the Imperial Assembly, by a vote of at least a majority of all its Members, with at least three Members answering the quorum call, may resolve to repeal the proclamation of a state of emergency, which shall take effect upon passage as certified by the Speaker. Where the Imperial Assembly cannot convene due to a lack of quorum, the Emperor's legislative powers under this provision shall continue.
(h) Supreme Command of the Armed Forces - The Emperor exercises supreme command of the armed forces of the Empire and the instruments of national defence.
(i) Accreditation of Ambassadors - The Emperor has the power, by and with the advice of the First Consul and the Consulate, to appoint ambassadors, other public Ministers and Consuls who shall be commissioned, accredited and instructed agreeably to the usage and laws of nations. It is His prerogative to receive and acknowledge ambassadors and other public ministers from abroad.
(j) Treaties - It is incumbent upon the Emperor, upon the advice of the Consulate and the ratification of the Imperial Assembly, to express the consent of the State to obligate itself internationally through treaties in conformity with the Constitution and the laws
(k) Imperial Warrants, Letters Patent - The Emperor may execute Imperial Warrants and Letters Patent to associations and corporate bodies within the Empire.
(l) Pardons - The Emperor has the power to grant pardons, reprieves, and amnesty to convicted persons, upon the advice of the Consulate.
(m) Fons Honorum - The Emperor, as the fons honorum, has sole power to elevate citizens to the nobility, grant and bestow orders of chivalry, and present honours.
(n) Declaration of National Holidays - The Emperor may declare national holidays of a temporary or of a fixed permanent nature by proclamation.
(o) Head of the Imperial Family - The Emperor serves as the official head and Patriarch of the Imperial Family of the Empire of the Alexandrians, and may, by Imperial Prerogative, issue regulations to govern the members thereof.
(p) Coinage of Money - The Emperor, through His Government, coins money and, through the Imperial Assembly, regulates the currency by law.
(q) Martial Law and Alienation - The Emperor, with the approval of the First Consul, in a case of invasion or rebellion, can place the whole Empire, or any part of it under martial law; and He can even alienate it, if indispensable to free it from the insult and oppression of any foreign power. Exercise of this power shall be reported by the First Consul to the Imperial Assembly at the earliest opportunity.
(r ) Introduction of Bills - The Emperor may cause Bills and other measures to be introduced in the Imperial Assembly. The Emperor is forbidden from participating in parliamentary debate, or from otherwise influencing the Imperial Assembly and its deputies.
(s) Imperial Assent - The Emperor, through the process of the Imperial Assent, may approve or disapprove of an Act of the Imperial Assembly. Only acts that receive approval through Imperial Assent shall be made into Law. Acts that do not receive the consideration of the Crown within seven (7) days after being dispatched to the Emperor for his Assent shall be passed into Law with the Imperial Assent being automatically assumed.
(t) National Symbols - The Emperor shall establish by Imperial Decree or Proclamation His Standard, the National Flag, the National Ensign, the Great Seal of the Empire, the Coat of Arms of the Empire, all other National Symbols and the National Holidays.
(u) Imperial Property - The Emperor’s private lands and other property are inviolable.
(v) Immunity - The Emperor cannot be sued or held to account in any court or tribunal of the Realm.
